HB1501: HB1501 Environmental Protection Division; maintain a public website for monitoring levels of certain contaminants in public water systems

26 LC 59 0380 House Bill 1501 By: Representatives Gisler of the 121st, Frye of the 122nd, McClain of the 109th, Tran of the 80th, Oliver of the 84th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to1 general provisions applicable to counties and municipal corporations, so as to require that the2 Environmental Protection Division of the Department of Natural Resources maintain a public3 website for monitoring levels of certain contaminants in public water systems; to provide for4 annual reports and recommendations to the General Assembly; to provide for notice to water5 utility companies operating public water systems when contamina nt levels exceed certain6 thresholds; to require that water utility companies in receipt of such notice notify all residents7 receiving water from the affected public water system; to provide for definitions; to provide8 for related matters; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Chapter 60 of Title 36 of the Official Code of Georgia Annotate d, relating to general12 provisions applicable to counties and municipal corporations, is amended by adding a new13 Code section to read as follows:14 "36-60-34.15 (a) As used in this Code section, the term:16 H. B. 1501 - 1 - 26 LC 59 0380 (1) 'Division' means the Environmental Protection Division of the Department of Natural17 Resources.18 (2) 'Hazard index' means a sum of fractions in which each frac tion compares the level19 of each PFAS measured in the water to the highest level below which there is no risk of20 health effects.21 (2) 'Maximum contaminant level' or 'MCL' means the legal threshold limit on the amount22 of a substance that is allowed in a public water system.23 (3) 'PFAS' means any perfluoroalkyl or polyfluoroalkyl substan ce, any substance that24 degrades to a perfluoroalkyl or polyfluoroalkyl substance, and any precursor of a25 perfluoroalkyl or polyfluoroalkyl substance.26 (4) 'Public water system' shall have the same meaning as set f orth in Code27 Section 12-5-172.28 (b) The MCLs for the PFAS regulated under this Code section shall be as follows:29 (1) For perfluorooctanoic acid (PFOA), an MCL of 4.0 parts per trillion;30 (2) For perfluorooctanesulfonic acid (PFOS), an MCL of 4.0 parts per trillion;31 (3) For perfluorohexanesulfonic acid (PFHxS), an MCL of 10.0 parts per trillion;32 (4) For perfluorononanoic acid (PFNA), an MCL of 10.0 parts per trillion;33 (5) For hexafluoropropylene oxide-dimer acid (HFPO-DA), commonly known as GenX34 chemicals, an MCL of 10.0 parts per trillion; and35 (6) For mixtures containing two or more of PFHxS, PFNA, HFPO-D A, or36 perfluorobutanesulfonic acid (PFBS), a hazard index MCL of 1;37 provided, however, that the division shall, at least once per year, assess whether the United38 States Environmental Protection Agency has established an MCL different than the MCL39 for any substance under this subsection and submit a report to the General Assembly by40 December 31 of each year documenting its findings and providing recommendations for41 revising or maintaining the MCLs for substances under this subsection.42 H. B. 1501 - 2 - 26 LC 59 0380 (c) The division shall develop and maintain a website that the public may access to find43 the levels of PFAS in each public water system in this state. Such website shall:44 (1) Be accessible using a prominently displayed link on the Drinking Water web page45 of the division's website;46 (2) Include a chart or link to a chart showing the MCL thresholds so as to allow users to47 monitor their public water system's PFAS levels relative to the MCLs; and48 (3) Include PFAS levels for e very public water system, to the extent that such49 information is available to the division. Where PFAS levels ar e not available to the50 division, the website shall indicate the approximate date on which PFAS levels will be51 available online and shall post the PFAS levels online as soon as they are available.52 (d) If, in the division's monitoring of PFAS for purposes of c ompliance with this Code53 section, the division finds any PFAS in a public water system that exceeds the MCL, the54 division shall promptly notify the water utility company that operates the affected public55 water system.56 (e) Upon receiving notice from the division that a PFAS MCL ha s been exceeded in a57 public water system, the water utility company that operates such public water system shall58 provide prompt notice of the excess PFAS levels to all residents of this state who receive59 water from such public water system.60 (f) The notice to residents required under subsection (e) of this Code section shall:61 (1) Be sent through the United States Postal Service to the address at which each resident62 is receiving water from the public water system;63 (2) Include a brochure that the division shall develop explaining PFAS and including a64 chart showing the MCLs;65 (3) Inform the resident that PFAS in excess of MCLs have been detected in the resident's66 water supply; and67 (4) Provide the exact level of each PFAS chemical that exceeds the MCLs."68 H. B. 1501 - 3 - 26 LC 59 0380 SECTION 2.69 All laws and parts of laws in conflict with this Act are repealed.70 H. B. 1501 - 4 -